Terms of Use Agreement

Welcome Thank you for visiting the Kansas.gov website (the “Site”). As is true for many other websites, this website has rules that apply to your use of the Site and any services available through the Site. Those rules, referred to as “terms of use,” are set forth in this Terms of Use Agreement. By using the Site, you are agreeing to comply with, and be bound by, the following terms of use. Please review them carefully. If you do not agree with any of these terms of use, please do not use the Site.

Who Owns the Site? The Site is owned by Information Network of Kansas, Inc. (“INK“), an initiative of the State of Kansas pursuant to K.S.A. 74-9302, on behalf of the Kansas state agencies appearing on the Site and state government administration. Each agency is responsible for its respective website, public records, information and services provided through the Kansas.gov service contract.

The site is developed and maintained by Kansas Information Consortium, LLC, under contract with the Information Network of Kansas, Inc.

Right to Change the SiteINK may discontinue, edit, delete or change any aspect of the Site, including, but not limited to: (i) restricting availability times, (ii) restricting compatibility with certain computer software or hardware, (iii) restricting amounts of use permitted, and (iv) restricting, suspending or terminating any user’s right to use the Site, at INK‘s sole discretion and without prior notice or liability.

Entire Agreement You agree that this Terms of Use Agreement (“Agreement”) constitutes the entire agreement between you and INK with respect to your use of the Site, and supersedes all previous and contemporaneous agreements, representations, warranties and understandings, written or oral, between INK and you with respect to the Site. INK offers a subscription package and certain online services, which are governed by other terms and conditions described in other instruments. INK may post certain additional terms or conditions in close proximity to a particular portion of the Site, which shall also apply to your use of that portion of the Site. INK may amend this Agreement at any time from time to time without specific notice to you. The latest Agreement will be posted on the Site, and you should periodically check this Agreement for changes. Your continued use of the Site shall be deemed as your acceptance of any such changes.

Trademarks The Kansas.gov logo, and other names used for INK products and services are trademarks/service marks of the Information Network of Kansas, Inc. Other product and company names mentioned on the Site may be trademarks/service marks of their respective owners.

Limited Right to Use Except as may otherwise be allowed by law (including but not limited to the Kansas Open Records Act), the viewing, printing or downloading of any content, graphic, form or document from the Site grants you only a limited, nonexclusive license for use solely by you for your own personal use, and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, graphic, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (not for resale or redistribution). You must keep intact all copyright and other proprietary notices. INK may revoke this license at any time.

Prohibited Behavior You are prohibited from using the Site in any way to do any of the following:

Restrict or inhibit any other user from using and enjoying the Site;

Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law;

Post or transmit comments containing harassing or offensive language, including sexual references, sexual nicknames, racial slurs or rude or deliberately offensive comments or engage in disruptive activities online, including excessive use of scripts, sound waves, scrolling (repeating the same message over and over), or use viruses, bots, worms or Trojan horses;

Access another person’s or entity’s materials, information or files without the permission of that person or entity;

Post or transmit any information, software or other material which violates or infringes the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right without first obtaining permission from the owner or right holder;

Post or transmit any information, software or other material which contains a virus or other harmful component;

Post or transmit content that encourages or provides instructional activities about illegal activities, such as hacking;

Post, transmit or in any way exploit any information, software or other material for advertising or commercial purposes;

Solicit other users to join, become members of, or contribute money to any online service or other organization, advocate or attempt to get users to join in legal or illegal schemes or plan or participate in scams involving other users;

Impersonate any person or entity or falsely state or otherwise misrepresent your professional or other affiliation with any person or entity;

Use the Site to collect personally identifying information about users of the Site in violation of INK‘s Privacy Policy; or

Perform any activities that INK determines (in its sole discretion) may be harmful to INK, the Site or other users of the Site.

No Unlawful Purposes You agree that you will not use the Site or any information or services related thereto for any unlawful purpose. INK, at its sole and absolute discretion, shall determine whether any use violates this provision.

Monitoring You understand that INK has no obligation to monitor the Site. However, INK reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, or to refuse to post or to remove any information or materials, in whole or in part, that in INK‘s sole and absolute discretion are objectionable or in violation of this Agreement. You acknowledge that INK reserves the right to, and may from time to time, monitor any and all information transmitted or received through the Site, for operational and other purposes, subject to INK‘s Privacy Policy. During monitoring, information may be examined, recorded, copied, and used for authorized purposes in accordance with INK‘s Privacy Policy. Use of the Site constitutes consent to such monitoring.

Privacy Policy User privacy is an important concern of INK. We are committed to privacy and security, and to providing the best possible user experience for our users and online customers. We also strive to protect the personal and confidential information of those who use our on-line services and Site. Click HERE to read our entire Privacy Policy, which is incorporated herein. This policy may be updated by us from time to time, so please check here frequently.

SubmissionsINK is pleased to hear from users and welcomes your comments regarding INK‘s programs and services. If you submit any original creative ideas, suggestions, notes, concepts, or materials to INK (“Submissions”), they shall be deemed, and shall remain, the property of INK, and shall otherwise be subject to the provisions of Section 5) above. None of the Submissions shall be subject to any obligation of confidence on the part of INK, and INK shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, INK shall exclusively own all now known or hereafter existing worldwide rights to the Submissions of every kind and nature and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions.

Third Party SitesINK has provided links and pointers to Internet sites maintained by third parties (“Third Party Sites”) and may from time to time provide third party items or materials on the Site. Any mention on the Site of products or services provided by third parties is for informational purposes only and constitutes neither an endorsement nor a recommendation by INK. INK assumes no responsibility for those products or services. Your dealings with any third parties mentioned on or found through the Site are solely between you and such third party, and are subject to any terms, conditions, warranties or representations associated with such dealings. You agree that use of Third Party Sites is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY INK, EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES IS INK LIABLE FOR ANY DAMAGES ARISING FROM TRANSACTIONS BETWEEN YOU AND THIRD PARTIES OR FOR ANY INFORMATION APPEARING ON THIRD PARTY SITES OR ANY OTHER SITE LINKED TO THE SITE.

Digital Millennium Copyright Act (DMCA) Notice: If you believe that any material contained on www.Kansas.gov site (the “Site”) infringes your copyright or other intellectual property rights, you may notify Kansas Information Consortium, LLC (KIC) of your copyright infringement claim in accordance with the following procedure. KIC will process notices of alleged infringement which it receives, and may take action as authorized by the Digital Millennium Copyright Act (DMCA) and/or other applicable intellectual property laws if it has the ability to do so. The DMCA requires that notifications of claimed copyright infringement should be sent to this Site’s Designated Agent:

To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. 512(c)(3)):

• Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

• Identification of the material that is claimed to be infringing or claimed to be the subject of infringing activity and that is sought to be removed or access to which is sought to be disabled, and information reasonably sufficient to permit the location of the material;

• Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

• A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

• A statement, made under penalty of perjury, that the information in the notification is accurate and that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

E-mails sent to DMCA@stinsonleonard.com for purposes other than communication about copyright claims may not be acknowledged or responded to.

Indemnification You agree to defend, indemnify and hold harmless INK, the Information Network of Kansas, Inc., the State of Kansas, their affiliates and their respective commissioners, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or related to (a) any material posted or otherwise provided by you that infringes any copyright, trademark, trade secret, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy, (b) any misrepresentation made by you in connection with your use of the Site; (c) any violation by you of this Agreement; and (d) any claims brought by other persons or entities arising from or related to your use of the Site, including information obtained through the Site.

Minors If you have agreed to allow your minor child, or a child for whom you are legal guardian (a “Minor”), to use the Site, you agree that you shall be solely responsible for: (a) the online conduct of such Minor; (b) monitoring such Minor’s access to and use of the Site; and (c) the consequences of any use of the Site by such Minor.

Infringement Policy Any trademarks that appear on this site are the property of their respective owners who may or may not be affiliated with, connected to, or sponsored by Kansas.gov.

Kansas.gov respects the rights of all copyright holders, and therefore, Kansas.gov has adopted and implemented a policy that provides for the termination in appropriate circumstances of users and account holders who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Kansas.gov’s Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

Information reasonably sufficient to permit us to contact the complaining party;

A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please note: The State of Kansas (and its licensors and contractors) disclaims any express or implied warranty in providing its computer system and any materials, information, graphics, products, or processes contained therein for public use. Neither the State of Kansas nor any of its licensors or contractors makes any warranty, express or implied, nor assumes any responsibility in the use of any service or content available on or through the site or its accuracy, completeness, currency, its use for any general or particular purpose, nor that such items or use of such items would not violate or infringe rights of others. The services and content are provided on a strictly “as is” basis.

The State of Kansas (and its licensors and contractors) specifically disclaims any and all liability for any claims or damages that may result from providing the Kansas.gov web site or the information it contains, including any web sites maintained by third parties that link to the Kansas.gov site. Kansas.gov may provide links to external web sites if it is determined that they may be of interest to users. Kansas.gov neither endorses the content, products, services, or viewpoints expressed by the linked sites, nor assumes any responsibility for the content of these linked web sites. Kansas.gov makes no effort to independently verify, and does not exert editorial control over, information on pages outside of the Kansas.gov domains.

Reference herein to any specific commercial products, process or service by trade name, trademark, manufacturer, or otherwise, does not constitute or imply its endorsement, recommendation, or favoring by the State of Kansas, and shall not be used for advertising or product endorsement purposes.

Kansas.gov is provided for public use on computer systems located within the State of Kansas and for the use and benefit of citizens of Kansas. Any person choosing to use this system or seeking access to information or materials on this system is subject to Kansas jurisdiction. Any dispute arising therefrom shall be decided under the laws and in the courts in Kansas.

Export Control Information

Unless otherwise specified, the materials on the Site are presented solely to provide information regarding and to promote INK‘s Services and other products available in the State of Kansas, United States of America. The Site is controlled and operated by INK from its offices within the State of Kansas. INK makes no representation that materials on the Site are appropriate or available for use outside the United States. Those who choose to access the Site from outside the United States do so on their own initiative and are responsible for compliance with local laws, to the extent that local laws are applicable.

Any software downloadable from the Site is further subject to United States export controls. No software from the Site may be downloaded or otherwise exported or re-exported (A) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods, or (B) to anyone on the U.S. Treasury Department list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By using the Site, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

Miscellaneous This Agreement shall be treated as though it were executed and performed in Topeka, Kansas, and shall be governed by and construed in accordance with the laws of the State of Kansas (without regard to conflict of law principles). Any cause of action by you with respect to the Site (and/or any information, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be barred. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against either party. All legal proceedings arising out of or in connection with this Agreement shall be brought solely in Shawnee County, Kansas. You expressly submit to the exclusive jurisdiction and venue of said courts and consent to extra-territorial service of process. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with the applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. INK‘s delay or failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. No waiver by either party of any breach or default hereunder shall be deemed a waiver of any subsequent breach or default. The titles and subtitles used in this Agreement are used for convenience only and are not to be considered in construing or interpreting this Agreement.

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